Suo Motu vs Travancore Devaswom Board - Tdb
2022 Latest Caselaw 7662 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      DBP NO. 7 OF 2022
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB
PROCEEDINGS INITIATED - REG.

                        ------------

PETITIONER:

          SUO MOTU


RESPONDENTS:

    1     TRAVANCORE DEVASWOM BOARD - TDB
          REPRESENTED BY ITS SECRETARY, NANTHANCODE,
          KOWDIAR POST, THIRUVANANTHAPURAM 695003
    2     THE ASSISTANT DEVASWOM COMMISSIONER
          TRAVANCORE DEVASWOM BOARD, THIRUVALLA,
          PATHANAMTHITTA 689101
    3     THE SUB GROUP OFFICER, THELLIYYORKKAVU DEVI
          TEMPLE, THELLIYYOR, VENNIKULAM, KERALA 689545
    4     [*THE TEMPLE ADVISORY COMMITTEE] THE AD-HOC
          COMMITTEE, THELLIYYORKKAVU DEVI TEMPLE,
          THELLIYYOR, VENNIKULAM,, KERALA 689545,
          REPRESENTED BY ITS SECRETARY
          [*SUO MOTU CORRECTED AS THE AD-HOC COMMITTEE
          INSTEAD OF THE TEMPLE ADVISOTY COMMITTEE VIDE
          ORDER DATED 28/02/2022
    5     THE DEPUTY EXAMINER OF LOCAL FUND AUDIT
          THIRUVANANTHAPURAM 695033
          BY ADVS.
          SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
          S.JAYAKRISHNAN
          S.SUBHASH CHAND

          SRI S.RAJMOHAN- SR GOVERNMENT PLEADER
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 D.B.P.No.7 of 2022

                                  2

                                ORDER

Anil K. Narendran, J.

This DBP was registered 'suo motu' based on a petition dated

21.02.2022 of Bhakthajana Samithi, Thelliyyorkkavu Devi Temple,

raising certain complaints against the constructions carried out in

that Temple and also in the conduct of Sapthaha Yajnam, which

was scheduled to commence from 28.02.2022.

2. On 28.02.2022, when this DBP came up for

consideration, the learned Standing Counsel for Travancore

Devaswom Board submitted that there is no Temple Advisory

Committee in Thelliyyorkkavu Devi Temple and there is an Ad-hoc

Committtee, which had undertaken the construction of 'Sapthaha

Panthal'. Therefore, the description of the 4th respondent was suo

motu corrected as 'Ad-hoc Committee', instead of 'Temple Advisory

Committee'. The learned Standing Counsel for Travancore

Devaswom Board took notice for respondents 1 to 3. The learned

Senior Government Pleader took notice for the 5th respondent.

Urgent notice was ordered to the 4th respondent Ad-hoc

Committee of Thelliyyorkkavu Devi Temple, through the 2nd

respondent Assistant Devaswom Commissioner.

3. A statement has been filed by the learned Standing D.B.P.No.7 of 2022

Counsel for Travancore Devaswom Board, for respondents 1 to 3.

Paragraphs 4 to 7 of that statement read thus;

"4. It is submitted that the allegation in the complaint that money is collected from the devotees in the name of Bhagavatha Parayanam is not correct. The expense for conducting Bhagavatha Parayanam and Annadhanam for each day are spent by the devotees who are sponsoring the programme on the particular day and no collection is being made from any devotee.

5. It is submitted that no commission is received by the persons who are offering Bhagavatha Parayanam as alleged in the complaint. No 'Kainottam' or 'Jyothisham' are conducted in the temple and vazhipadu of the temple are conducted only on receipts issued from the Devaswom. It is reported by the 3rd respondent that there is considerable increase in the income of the temple. No unauthorised Kanikka Vanchies are kept in the Bhagavatha Parayana Vedi. The posts sealed by the 2nd respondent alone are placed in the Bhagavatha Parayana Vedi.

6. It is submitted that usually a temporary 'Yajna Pandal' is constructed every year spending Rs.40,000/- to Rs.50,000/-.

The 4th respondent has requested the Board seeking permission for constructing a permanent 'Yajna Pandal' at their expense and the same was given as per ROC No.2976/21/M dated 01.04.2021. Accordingly, a permanent 'Yajna Pandal' was constructed by the 4th respondent through sponsors without any collection from devotees and the work was done under the supervision of the Maramath officials of D.B.P.No.7 of 2022

the Board. Each portion of the Sapthaha Pandal was sponsored by devotees. The 'Yajna Pandal' was constructed as per vasthu procedures suggested by the approved Sthapathi of the Board, Brahmasree Agnisarman Vasudevan Bhattathirippad of Kuzhikkattu Illam and the same was done with the concurrence of the Tantri of the temple also.

7. It is submitted that there is no practice of compelling the devotees to visit Bhagavatha Parayana Vedi as alleged in the complaint and no such compliant is received from any devotees so far. it is respectfully submitted that the allegations in the complaint are not true and the same are made to malign the Board and its officials and to create doubt in the mind of the devotees and thereby to stall the developmental activities of the temple."

4. The 4th respondent Ad-Hoc committee has filed a

counter affidavit dated 08.03.2022. Paragraphs 6 to 8 of that

counter affidavit read thus;

"6. It is admitted that the Thelliyoorkavu Bhagavathi Temple at Thelliyoor in Ezhumattur village stands unique. It is under the control and management of the Travancore Devaswom Board. The allegations against the Ad-hoc committee is absolutely fabricated and false and hence denied. The present Ad-Hoc Committee was constituted legally with the approval of the Devaswom Board. The 2nd respondent has given sealed coupons of Rs.5,45,000/- for conducting the annual festival on 17.02.2022 to the Ad-Hoc Committee.

True copy of the details of sealed coupons issued by the 2nd respondent to the Ad-hoc committee is produced herewith D.B.P.No.7 of 2022

and marked as Exhibit R4(a). We are collecting the money from the public after issuing sealed coupons. It is an accountable fund mobilization for conducting the annual festival. Owing to the COVID protocol, we are limiting the cultural and art programmes in the festival but strictly adhering the temple rituals. In an atmosphere of religious fervour and Devi mantras reverberating in the air, thousands of devotees participated the "Bhagavata Saptaham", renowned scholar narrates the Maha Puranic text and explain its significance in the lives of devotees. Srimad Bhagavatham is the crown jewel of Veda, Vedanta, 18 puranas and ithihasas. It consists of 18000 verses, 12 cantos and 335 chapters. This considered as the ultimate moksha sastra blessed to living beings in this and other world. It is the highest Yagna prescribed for people in Kaliyuga. Without understanding the importance of the "Bhagavata Saptaham", the unnamed complainant used bad language against Saptaha yagnas and its acharyan. That will break the faith of the devotees.

7. The other allegation against the Ad-hoc committee is that they constructed a new Saptaha Panthal with huge collection of funds from the public is in correct and hence denied. The Sreemad Bhagavatha Sapthaham being held in connection with the annual temple festival. The recitals will be followed by discourses. Devaswom Sadhyalayam is not suitable for conducting "Bhagavata Saptaham". Every year we installed temporary Panthal at the cost of Rs. 50,000/- in the temple premises for conducting "Bhagavata Saptaham". Therefore, the Committee had taken a decision to construct a D.B.P.No.7 of 2022

permanent Saptaha Panthal in front of the temple and approached the Thantri and Board for permission. The board allowed the Ad-hoc committee to construct the Saptaha Panthal without collecting funds from the public. True copy of ROC No.2976/21/M dated 01.04.2021 issued by the Secretary to the Board is produced herewith and marked as Exhibit R4 (b). The Thantri also permitted the Ad-hoc Committee for the construction. At the effort of the Committee, several believers offered to sponsor various materials like pipe, sheets etc. for the construction of Saptaha Panthal. The devotees from the different way of life, Seva Bharathi, VHP and other Hindu religious institutions volunteers voluntarily dedicated their efforts to complete the Saptaha Panthal successfully. We have only coordinated the works under the supervision and proper guidance of the Devaswom Engineers and Sthapathi. For sponsoring the materials no audit is required. The lists of various sponsors were given to the 3rd respondent for appropriate action.

8. In the above facts explained with cogent evidence, it is humbly submitted that the unnamed petitioner has approached this Hon'ble Court with a mala-fide intention to invoke the extra ordinary jurisdiction of this Hon'ble Court by suppressing the material facts. The Hon'ble Supreme Court in Ramjas Foundation and others Vs. Union of India and others (AIR 1993 SC 852) has consistently held that when a person approaches the court of equity, he should approach not only with clean hands, but with clean mind, clean heart and with clean objectives. The unnamed petitioner has now approached this Hon'ble Court totally D.B.P.No.7 of 2022

discarding the ratio enunciated by the Apex Court with unclean mind, unclean heart and with unclean objectives."

5. Heard the learned Standing Counsel for Travancore

Devaswom Board for respondents 1 to 3, the learned counsel for

the 4th respondent Ad-Hoc Committee and also the learned Senior

Government Pleader for the 5th respondent Local Fund Audit.

6. Section 31A of the Act deals with the formation of the

Temple Advisory Committees. As per sub-section (1) of Section

31A of the Act, a Committee for each temple in the name 'Temple

Advisory Committee' (name of the temple) may be constituted in

order to ensure participation of Hindu devotees. As per sub-

section (2) of Section 31A, the Temple Advisory Committee

constituted under sub-section (1) may be approved by the Board.

As per sub-section (3) of Section 31A, the composition of an

Advisory Committee under sub-section (1) shall be in such

manner as may be prescribed by the rules made by the Board,

not inconsistent with any practice prevailing, if any. In terms of

sub-section (3) of Section 31A of the Act, the Travancore

Devaswom Board framed the Rules for the formation of Temple

Advisory Committees in the temples under the management of

the Board.

D.B.P.No.7 of 2022

7. Clause (2) of the Rules deals with objectives of the

Temple Advisory Committees. As per Clause (2) of the Rules one

of the objectives of the Temple Advisory Committee is to formulate

schemes for the betterment and development of the Temple,

submit the same before the Board and execute it with the approval

of the Board. The Advisory Committee shall collect donations from

the devotees for the smooth functioning of the temple activities

and festivals only with the permission of the Department.

8. Clause (3) of the Rules deals with membership. Clause

(3) makes it explicitly clear that the membership in 'registered

mandalam' is mainly for the devotees who are residing within a

distance of 5kms from the temple, who are regular worshippers

and had contributed considerably for the betterment of the temple

and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with

class of persons who are entitled to get membership.

9. In Santharam Roy T.S. v. Travancore Devaswom

Board and others [2022 (2) KHC 595 (DB)] this Court held

that, the provisions under Clause (3) of the Rules framed by

Travancore Devaswom Board for the formation of Temple Advisory

Committees in the temples under the management of the Board D.B.P.No.7 of 2022

makes it explicitly clear that the membership in 'registered

mandalam' is mainly for the devotees who are residing within a

distance of 5 kms from the temple, who are regular worshippers

and had contributed considerably for the betterment of the temple

and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules

deal with class of persons who are entitled to get membership. For

constituting the Temple Advisory Committee, the devotees will

have to be enrolled as members of 'registered mandalam'. The

election of members to the Temple Advisory Committee is made

from among the members of 'registered mandalam' present in the

meeting convened by the Assistant Commissioner of the Group, as

provided under Clause (5) of the Rules.

10. Clause (11) of the Rules, which deals with term of office

of the Temple Advisory Committee. As per Clause (11) of the Rules,

the term of the Temple Advisory Committee shall be two years

from the date of approval of the Committee by the Department.

The Devaswom Commissioner is empowered to extend the term of

the Temple Advisory Committee for a further period of one year on

the ground of any development works or unavoidable rituals. On

the aforesaid grounds the 1st respondent Board can extend the D.B.P.No.7 of 2022

term for a further period of one year. Clause (11) makes it explicitly

clear that the term of the Temple Advisory Committee shall not be

extended beyond two years.

11. In Chandu K. v. Travancore Devaswom Board

[2021 (3) KHC 379] a Division Bench of this Court held that,

with the insertion of Section 31A to the Act the formation of Temple

Advisory Committees in temples has become statutory. In the said

decision, the Division Bench noticed that, the Travancore

Devaswom Board, in exercise of the rule making power under

clause (a) of sub-section (2) of Section 35 of the Act, has framed

rules for the formation of Temple Advisory Committees in temples

under the Travancore Devaswom Board and this Court has

approved the draft bye-laws by the order dated 03.11.2011 in DBA

No. 153 of 2009. Clause (11) of the Rules deals with the term of

office of the Temple Advisory Committee. As per Clause (11), the

term of office of the Temple Advisory Committee shall be two years

from the date of approval of the election by the Devaswom

Commissioner. The Devaswom Commissioner has the authority to

extend the term of the committee by one year in case of

development works or unavoidable rituals in the temple. The Board D.B.P.No.7 of 2022

will have the power to extend the term by a further period of one

year. The term shall not to be extended beyond the period of two

years. Thus, the term of the committees is statutorily fixed. The

term can be extended by one year or up to two years under certain

unavoidable circumstances and no longer. The object of providing

duration of office of Temple Advisory Committees in the approved

bye-laws is to see that timely elections are held and the

constitution of the Committees are not delayed. The power of the

Devaswom Commissioner or the Board to extend the term of the

Temple Advisory Committee, which is fixed as per the approved

bye-laws, shall not be exercised as a matter of course. They shall

call for report regarding the developmental work going on in the

temple concerned or the unavoidable rituals to be carried out in

the temple concerned and apply their mind to the materials and

form a decision as to whether extension of term has to be given or

not.

12. Clause (12) of the Rules deals with powers and rights

of the Devaswom Board. As per Clause (12), the Devaswom

Commissioner shall have the power to determine the qualification

of the members of the Advisory Committee, the term of the D.B.P.No.7 of 2022

Advisory Committee and also to remove the members of the

Committee on the basis of specific reasons. In the event of the

activities of the Advisory Committee being contrary to the interest

of the Temple, Hindu faith or the Devaswom Board, or in the event

of specific financial irregularities, the Commissioner shall have the

absolute power to remove the Advisory Committee.

13. In Sunil Kumar C. and others v. Travancore

Devaswom Board and others [Judgment dated 25.05.2022 in

W.P.(C) No.7421 of 2022 - MANU/KE/1627/2022] one of the

contentions raised before this Court by the learned counsel for

respondents 5 to 10 was that, the construction or repair or

renovation work that has to be undertaken in a Temple under the

management of the 1st respondent Board is outside the purview of

the Temple Advisory Committees constituted under Section 31A of

the Act. This Court noticed that, insofar as the aforesaid contention

raised by the learned counsel for respondents 5 to 10 is concerned,

as per Clause (2) of the Rules framed by Travancore Devaswom

Board for the formation of Temple Advisory Committees, one of

the objectives of the Temple Advisory Committee is to formulate

schemes for the betterment and development of the Temple, D.B.P.No.7 of 2022

submit the same before the Board and execute the same with the

approval of the Board. Clause (11) of the Rules provides that, the

term of the Temple Advisory Committee shall be two years from

the date of approval of the Committee by the Department. The

Devaswom Commissioner is empowered to extend the term of the

Temple Advisory Committee for a further period of one year on the

ground of any development works or unavoidable rituals. On the

aforesaid grounds the 1st respondent Board can extend the term

for a further period of one year. Clause (11) of the Rules makes it

explicitly clear that the term of the Temple Advisory Committee

shall not be extended beyond two years.

14. Clause (9) of the Rules deals with office bearers and

their duties. Clause (9.1) deals with President, Clause (9.2) deals

with Vice President, Clause (9.3.) deals with Secretary and Clause

(9.4) deals with Treasurer. As per Clause (9) of the Rules, one of

the duties of the President, as provided in Clause (9.1), is to

formulate projects for the betterment of the temple and for the

convenience of the devotees and implement the same with the

approval of the Board. The President has to supervise the collection

of funds at the initiative of the Advisory Committee and he has to D.B.P.No.7 of 2022

ensure that the functioning of the Committee is in accordance with

the directions issued by the 1st respondent Board. As per Clause

(9.3), the Secretary of the Committee has to get the approval of

the Department for the collection of funds. He has to print coupons

and keep them in safe custody after obtaining the seal of the

Assistant Commissioner. He has to ensure that such coupons are

used only as per the permission granted by the Board. The

Secretary has to cause the accounts relating to the collection of

funds, income and expenditure audited which shall be produced

before the authorities in the Board before 30th April of every year.

As per Clause (9.4) of the Rules, the Treasurer has to ensure that

proper accounts are maintained for the income and expenditure

and that the income and expenditure of the Advisory Committee

is with the approval of the Committee and with the knowledge of

the President and the Secretary.

15. In Sunil Kumar C. [MANU/KE/1627/2022] this Court

held that, a reading of the provisions under Clause (9) of the Rules

framed by Travancore Devaswom Board for the formation of

Temple Advisory Committees makes it explicitly clear that the

construction or repair or renovation work that has to be D.B.P.No.7 of 2022

undertaken in a temple is not outside the purview of the Temple

Advisory Committees constituted under Section 31A of the Act. It

would certainly be open to the Travancore Devaswom Board to

undertake such construction, repair or renovation work in a temple,

directly by its Maramath Department. However, when the Board

has chosen to undertake such construction or repair or renovation

work in a temple through a committee, under the supervision of

the officials in Maramath Department, it has to be undertaken

through the Temple Advisory Committee constituted under Section

31A of the Act, under constant supervision and scrutiny by the

concerned officers of the 1st respondent Board, in order to ensure

that the activities of the committee are in compliance with the

directions issued by the Board. When the provisions under Section

31A of the Act contemplate constitution of a Temple Advisory

Committee in the temples under the management of the Board,

which is assigned with various duties as per the said Rules, which

includes undertaking various developmental activities in the

temple, the normal rule is that any developmental activity in a

temple, which is not undertaken directly by the 1st respondent

Board through its officials in the Maramath Department, has to be D.B.P.No.7 of 2022

undertaken through the Temple Advisory Committee. In view of

the provisions contained in Clause (2), Clause (9) and Clause (11)

of the said Rules, and also the law laid down by this Court in

Chandu K. [2021 (3) KHC 379], this Court found that the

construction, repair or renovation work that has to be undertaken

in a Temple is not outside the purview of the Temple Advisory

Committees constituted under Section 31A of the Act.

16. Clause (18) of the Rules framed by Travancore

Devaswom Board for the formation of Temple Advisory

Committees prohibits the Temple Advisory Committee from

collecting funds in connection with any ceremonies in the temple

by placing kanikkavanchi or hundials. When coupons are printed

for development activities in the temple, with the approval of the

Department, only coupons for the specified amount shall be

printed. No receipts without the seal of the Assistant Commissioner

shall be used for collecting funds. As per Clause (18), a person

who is an office bearer or member of the Temple Advisory

Committee shall not be eligible to continue as such continuously

exceeding the term of two committees. In Sunil Kumar C.

[MANU/KE/1627/2022], this Court held that, the provisions under D.B.P.No.7 of 2022

Clause (18) of the said Rules provide sufficient safeguards to

prevent illegal collection of funds by the Temple Advisory

Committee for development activities in a temple.

17. In Sunil Kumar C. [MANU/KE/1627/2022], on the

facts of the case on hand, this Court noticed that, the extension of

term granted to the Temple Advisory Committee of Sree

Subrahmanya Swamy Temple, Haripad, originally for a period of

one year, as evidenced by communication dated 11.02.2019 of the

Deputy Commissioner, was absolutely without any basis. The

reason for such extension of term is not discernible from the said

communication of the Deputy Commissioner. The further extension

of term for a period of six months each granted by the 1 st

respondent Board, as evidenced by communications dated

11.03.2020 and 28.10.2020, are for completing the renovation

work of the Koothambalam and for taking preparatory steps for

Chithira Festival scheduled on 14.04.2020 and 14.04.2021

respectively. No materials were placed on record either by

respondents 1 to 4 or by respondents 5 to 10 to show that any

development work in connection with renovation of the

Koothambalam commenced prior to 12.03.2019, for granting D.B.P.No.7 of 2022

extension of the term of the Temple Advisory Committee by one

year, by the Devaswom Commissioner, in exercise of his powers

under Clause (11) of the Rules framed by Travancore Devaswom

Board for the formation of Temple Advisory Committees. The

extended term of one year expired on 12.03.2020. Thereafter, the

1st respondent Board extended the term of the Committee for a

period of one year (six months each), i.e., till 12.03.2021. Just

before the expiry of the term, 'Anunja' ceremony was conducted

on 04.03.2021 for obtaining the permission of deity to commence

the renovation work of the Koothambalam. After obtaining 'Anunja'

on 04.03.2021, no development activity in connection with

renovation of the Koothambalam could be commenced, which is

evident from the fact that the 1st respondent Board accorded

sanction to execute the work at the revised rate of Rs. 51,00,000/-

only on 07.12.2021, as evidenced by proceedings dated

07.12.2021. Thereafter, respondents 6 to 10, who obtained

'Anunja' on 04.03.2021, entered into an agreement [Annexure

R1(c)] with the Executive Engineer, Mavelikkara, only on

18.01.2022. in view of the provisions under Clause (2), Clause (9)

and Clause (11) of the said Rules and also the law laid down by D.B.P.No.7 of 2022

this Court in Chandu K. [2021 (3) KHC 379], the construction,

repair or renovation work that has to be undertaken in a temple is

not outside the purview of the Temple Advisory Committees

constituted under Section 31A of the Act. When respondents 6 to

10 are disqualified from being elected as members of the Temple

Advisory Committee in view of the prohibition contained in Clause

(18) of the said Rules, they cannot be included as members of an

Ad-hoc Committee formed for the renovation of the Koothambalam.

18. During the course of arguments, on a query made by

this Court, the learned Standing counsel for Travancore Devaswom

Board would submit that the 2nd respondent Assistant Devaswom

Commissioner has already initiated steps to convene the meeting

of the registered mandalam, for electing new members of the

Temple Advisory Committee of Thelliyyorkkavu Devi Temple,

strictly in terms of the Rules, which shall be completed, within the

time limit to be fixed by this Court.

In such circumstances, this DBP is disposed of by directing

the 2nd respondent Assistant Devaswom Commissioner to

complete the proceedings initiated for constituting a Temple

Advisory Committee in Thelliyyorkkavu Devi Temple, as D.B.P.No.7 of 2022

expeditiously as possible, at any rate, within a period of two

months from date of receipt of a certified copy of this order. In the

meantime, the 4th respondent Ad-hoc Committee shall not be

permitted to undertake any development work in the temple in

question. The entire development works already undertaken by

the 4th respondent shall be subjected to audit. The audited

accounts of the 4th respondent shall be submitted before the 2nd

respondent Assistant Devaswom Commissioner, within a period of

one month. The vazhipadu items as per 'Paditharam' alone shall

be permitted in the temple in question and no one shall be

permitted to exploit the devotees, in the name of any other

vazhipadu items. The 2nd respondent Assistant Devaswom

Commissioner and also the 3rd respondent Sub Group Officer shall

take necessary steps to ensure that only vazhipadu items as per

'Paditharam', alone are permitted in the temple in question.

Sd/-

ANIL K. NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE yd D.B.P.No.7 of 2022

APPENDIX

RESPONDENTS' EXHIBITS:

EXHIBIT R4(a): TRUE COPY OF THE DETAILS OF SEALED COUPONS ISSUED BY THE 2ND RESPONDENT TO THE AD-HOC COMMITTEE.

EXHIBIT R4(b): TRUE COPY OF ROC NO.2976/21/M DATED 01.04.2021 ISSUED BY THE SECRETARY TO THE BOARD.